moment coming up. >> great story. president obama says that mitt romney thinks being president is about creating jobs and making people money, he's wrong. >> your job is to figure out how everybody in the country has a fair shot. >> really? is that what being president is all about? brian, is it? >> you're asking me? that was a tease. you can't ask me that. caught on camera, a teacher tells a student he could be arrested for criticizing the president. >> do you realize that people were arrested for saying things bad about bush. >> it doesn't matter. >> no, do you realize? you are not -- you can't -- you're not supposed to slander! >> the dixie chicks were in for 10 years. that's absolutely true. that student joins us live with his side of the story. "fox & friends" starts right now.

>> good morning, everyone. glad to know you finally got that scramble or there was going to be trouble. >> there was. i wanted to delay it a little because they scrambled me early at 50 seconds. i guess they think i need a little bit of extra time. >> you sound like somebody else that i heard yesterday. >> which was? >> the president trying to do damage control and figure out how to answer to a cory booker had said the day before about private equity. we'll get to that in a moment. first, eric bolling sitting in today. >> good morning. >> good morning. this is great news. they took a nasa contract and they went into space and so far, so good. they're going to be heading up into the space station shortly and it's private -- this is a private firm that's doing this. doing what nations can't even -- >> what are you doing sitting on the couch? i thought you would be one of the first people going up. >> that's an unmanned. they're not taking people. as a man, i can't be an unmanned. that rocket is going up without

me. >> oh, yes you can now. yes! >> this is how it's going to start, is it? >> is this how it's going to start? >> this is great news. basically we sent our space shuttles to the museums and we're sitting around and we can't wait to crawl in them at different locations across the country but now the private firm goes into space. >> eric, as much as -- >> as much as oil and gas may be your specialty, space exploration is brian's. >> thank you. >> this is great news! this is fantastic news. i guess in about three years, they'll test these, you know, cargo flights up to -- up to the space station. interestingly, though, eli musk is running -- he's the founder of spacex who also, he started paypal. there was another business he was in. he was in the electric car business. he's in it. tesla motors got a $500 million loan from government for that really expensive electric car with $100,000 for the car, isn't really working out so well. hopefully this is a better deal and hopefully not using any of

that money. >> he has a nasa contract to make this happen because nasa can't do it anymore. they had to release their people. they're not getting any funding. they had to outsource it. >> all right. hopefully it's a successful mission and we'll continue to report more on space in the future. now to your headlines. >> thank you, in the future. fantastic. >> while you were sleeping, we have learned that president obama's envoy to afghanistan, ryan crocker plans to step down soon. this as the president admits there are still tough days ahead as the u.s. and its allies prepare to pull out of the country. crocker came out of retirement last july to become the u.s. ambassador to afghanistan. he's had to maintain the sometimes hostile relationship with afghan president hamid karzai. it's not known where crocker is stepping down. the white house considering the deputy ambassador james cunningham to replace crocker. first, it was members of the secret service and now, the d.e.a. at least three agents from the drug enforcement administration are under investigation for

allegedly hiring prostitutes as well in colombia. they confirm that the investigation is going on but say it's unrelated to the prostitution scandal. a secret service apparently blabbed about the d.e.a. agents as well. a missing climber from a deadly mt. everest expedition has returned to camp safely. now one of the survivors from that trip is speaking out. the doctor says strong winds gusting up to 100 miles per hour moved in and trapped dozens of climbers. four didn't make it out. he said the climbers became disoriented. >> basically was hallucinating, took his hat off and he reached out and looked at me and kind of reached out to me, kind of in like a zombie like fashion. at that point, not a lot you can do for somebody that's dying and frozen to death. >> wow. weather conditions were good on friday. the storm moved in saturday

afternoon. a brand new study showing congress may be getting dumber? how could that be possible? the study done by the sunlife foundation analyzed every word from every speech on the floor of congress from 2005 to 2012 and found the grade level of the speeches declined from an 11th grade level to a 10th grade level. constitut the study found the republican congressman became the most advanced speeches. simplest speeches were given by the republican congressman rob woodall. those your headlines. how do they know that? how do they know that? >> not in congress anymore. >> from florida, the one term congressman. >> die quickly. let's talk about president obama yesterday, sitting there with his world in his audience and he took some questions from the press. the local press. at which time, one of the questions was about bain capital and about private equity and about cory booker coming forward

as mayor of newark, new jersey and saying he has a real problem with indicting, i paraphrase here, indicting private equity firms as a problem in this country. he says it's nauseating to him. he walked that back a little bit later but still a major issue. harold ford agreed with the fellow democrat cory booker and then you have steve ratner last week who agreed who works with president obama as car czar and also knew cory booker. how does the president answer that question about private equity? >> i was stunned, i was listening to this in my car driving my kids to and from piano lessons and i'm glad i caught it because the questioner actually had three parts to the country. is romney responsible for the jobs that were lost, you know, how do you respond to cory booker and do you believe that private equity has a good place in our economy? the president really dodged the cory booker part. he also dodged the is romney responsible part? but it came out yesterday what the theme is going to be now. they're going to alter what they were saying about private equity

because, you know, you can't have it both ways. you can't attack mitt romney and then take money from private equity guy. what they're going to do is say this. that mitt romney is missing what the job of president is all about. your job is not simply to maximize profits. the job is to give everyone a fair shot. i'm sorry, i think i just paraphrased this. >> saying i'm a business guy and i know how to fix it and this is his business. and when you're president as opposed to the head of the private equity firm, then you -- your job is not simply to maximize profits. your job is to figure out how everybody in the country has a fair shot. >> pretty interesting that president obama assesses the situation like that. he basically said look, it's private equity vs. big government and we think big government is the way to go because private equity -- what private equity does, it makes things more efficient and keeps

businesses around. it hires, it invests. that's capitalism. that's what america is founded on vs. what president obama said, make sure everybody gets a fair shake and he goes on to say a little bit later in that, make sure that if you lose your job, we're there to help you out. i mean, therein lies the exact controversy over is it right to veer left for the congress or is it right to veer right? >> few things stood out with me. number one, governor romney isn't running just because he worked at bain. he's running because he feels he has the management skills he displayed at the olympics and it's just part of it and the way i understand it, you lived it and i'm examining it and have a chance to interview people about it, they have to identify companies that they feel is underachieving and they got to see if they can get a management team in there and save that company. in many of those cases, it props up companies and pours money in and gets investors to believe what they believe, the money goes in and they try to make it work. sometimes it does for eight years like that steel company

and sometimes like staples and sports authority and sometimes it doesn't. >> weigh in on that very quickly. it's a failing line of attack that president obama is going at. here's why. the steel company, d.s.t. steel, bain capital came in and held that company afloat for eight years. steel production in the u.s. was plummeting. we went from 90 million metric tons at the beginning of that -- in late 70's, early 80's. to 30 million metric tons towards the end of the run and steel prices were plummeting as well. that company was only around for the eight years because of bain capital's investment in the company. it would have been bankrupt well before that. >> that's what mitt romney should come out and say. that's the message that the american people is not hearing. that company would have unemployed all those people eight years prior to any of the layoffs that unfortunately happened. that should be the line that comes out if you're a strategist for mitt romney and also the word efficiency. when you said that, a light bulb went out in my head, eric, that

should be the word that mitt romney should also use to go up against big government. do you want it to be run more efficient? does that country need that right now or should we spend more money? >> get your e-mail, do you think bain capital is a legitimate point of attack for the obama administration. i can't believe this. i watched "meet the press" and saw the entire panel discussion and saw the cory booker segment when he called out instinctively his problem with ridiculing bain capital and now he is backpeddling and saying he's been taken out of context? >> he took it further than that last night. he said the g.o.p. is responsible for doing just that. i have to admit last night, i cheated. i watched some of the other competition. guess what? the people on the left are saying the same thing that the people on the right are saying. they're saying exactly what cory booker said, that he thought he was nauseating and he had a problem with attacking private equity. hard to take it a step back now when both sides are saying that's what he said.

>> harold ford said he shouldn't have walked it back. >> shouldn't have walked it back. >> his speech the way it is. steve ratner spoke it the way it is earlier why you pointed that out. more importantly, cory booker is the guy that is saving newark, new jersey, crime rates are plummeting. he's a guy that was democrat and out in force for senator obama when he was running for president, helped him get elected and went and said something very smart. he said don't attack private equity. there are a lot of states that rely on private equity investments for jobs, for investments in his state. he was smart and all of a sudden, this retraction that came on you tube a couple of hours later, did he have that look of uh-oh, what did i do? did i let the cat out of the bag? what's the question? is he looking for a job in the white house, is he looking for a cabinet position in the white house? why walk it back, then? >> i don't know. >> survival in the democratic party because he was a rising star. but this is the way he was being assessed by some democrats last night which is he said what he said for selfish reasons, number

one because he took campaign donations from bain and other private equity firms to become mayor of newark but he said it for selfish reasons because of his own political career. when you watched "meet the press" did you get that impression or think that was a guy telling the truth? >> i mean, no one in the private equity business said cory booker better stand up for us. it was one of the questions in the panel. meanwhile, we have to take a break. we would go on for another 45 minutes just on this topic. straight ahead, though, you may have heard this. a teacher tells a student he'll go to jail for criticizing the president. >> do you realize that people were arrested for saying things bad about him? do you realize? you are not -- you can't -- you're not supposed to slander! >> wow, that student now fighting back for free speech. he and his mom will join us next. >> you thought this hot tub picture was bad? well, it keeps on giving. brand new video courtesy of the g.s.a. can it beat the smoking clown? >> i don't think anything can beat the smoking clown ever.

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>> did a north carolina high school student's freedom of speech get squelched when his teacher told him he could be arrested for speaking badly of president barack obama? listen to this. >> do you know, do you realize that people were arrested for saying things bad about bush? no, do you realize? you are not -- you can't -- you're not supposed to slander. >> i'm not slandering. i asked a question. >> i'm saying. i'm saying to you, you're not supposed to slander. people were arrested! >> joining me now, hunter rogers, the student involved in that taped incident. also with us is his mother, gina rogers. welcome to you both. >> thank you oochl --

>> hello, thank you. >> this took place a week ago at your high school. why did you decide to tape this confrontation? what kind of dialogue was going on between the class and the teacher? >> she always has open discussions about like the presidents and candidates and she doesn't want to hear anything but what she believes and it's -- i mean, if you disagree, you get berated and put down. i decided to get some proof of it. >> one of the topics that was being discussed is whether or not mitt romney had been a bully to somebody when he was in high school. and you brought up president obama's personal experience that's documented in his own book, is that how it's laid out? >> uh-huh. yes, ma'am. >> what did you say? >> we had -- we asked if president obama had been a bully in high school and she told us that she didn't know, not to her knowledge. and then immediately, she got

defensive and started screaming at me. >> so after you got this tape recording, you played it for your mom? and -- who did you play for it first? >> my dad. >> and eventually you played it for your mom. gina, what was your reaction? i know initially when you heard this story, you thought teens exaggerate and blow things out of proportion a little bit. what was your thoughts? >> i was just shocked that this was happening in the classroom. he had been telling us for quite a while now that this kind of behavior was happening and we did not disbelieve him but we just did not realize that it was that extreme. >> what is your number one problem with what's on the tape? >> well, first of all, i don't feel the teacher should have started a political discussion if she wasn't willing to hear both sides. and then my biggest concern is that this teacher is responsible for teaching my child and hundreds of others and she is

not teaching them factual information. >> hunter, she told you you would be arrested? what did you think of that? > >> honestly at the time i wanted to laugh at her because, you know, i've been taught all my life that nobody can take your opinion or nobody can take your freedom of speech and she was telling me just that i could be arrested for slander and i've been told all my life you'd have to threaten the president to get arrested. and she kept telling me over and over again people were arrested for disrespecting and slandering the president. and at the time, i wanted to laugh but it wasn't, you know -- >> probably not appropriate. once you had the tape, action was taken. it's my understanding she had been suspended as a teacher with pay. here's a statement from the school system. the school system expects all school and employees to be respectful in the school environment and all teachers to

remain their respectfulness in the classroom. it should serve to other teachers to stop and reflect on their interaction with students. we'll continue to follow this story and have another segment on it coming up on "fox & friends." hunter and gina rogers, thank you for sharing your story with "fox & friends" today. >> thank you. >> let us know what you think about that. fox and friends.com. american injured overseas at the hands of the iranian terrorist. who is going to fix the economy? new polls show it's close between mitt romney and president obama next. [ male announcer ] when a major hospital wanted to provide better employee benefits while balancing the company's bottom line, their very first word was... [ to the tune of "lullaby and good night" ] ♪ af-lac ♪ aflac [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. [ yawning sound ]

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>> some quick headlines a plane slams into a neighborhood in california incredibly missing every single home. the pilot rushed to the hospital. his injuries are not life threatening, though. officials say the plane was having engine problems and he

made it the site of one of the most famous horror movies of all time but the exorcist author now suing georgetown university. he said the school has strayed so far from church doctrine, he should not be called catholic. he says the invitation to katherine sebelius was the point of no return. he is also a graduate of georgetown. >> take a look at this story, our next guest was sitting in a cafe when a homicide bomber detonated two suitcase packed explosives. dan miller was severely injured in the explosion and later sued the iranian government for supporting the terrorists. despite a ruling in his favor, the iranian government never paid danny or any of the victims a dime. years later, dan miller is fighting the obama administration, yes, the obama administration to get iran to pay up. joining us right now to explain his side of the story is daniel miller and his attorney.

welcome to both of you. dan, first off, this happened. what was your avenue for some financial recourse? >> well, congress passed a law that allowed terror victims of state sponsored terrorism abroad to sue in united states courts to be able to collect money for compensation for their physical and mental injuries. >> and that pathway is also something you could help him reclaim some funds to get himself literally back on his feet again. how is that going legally? >> well, it's going well and in a sense that daniel and his co-plaintiffs have received a judgment from the courts, iran has been held liable and responsible for the terrorist acts that maimed daniel. there's a judgment against iran. but we're trying to find iran's assets so that we can collect on the judgment and the courts with the help of the united states government have been resisting and helping iran hide their assets in the united states. it's really inexplicable that

the united states government is taking the side of iran as opposed to the side of its own citizens who were victims of terrorists. >> what's it like being in the courtroom seeing the justice department fight for the other guys? >> it's very frustrating and difficult to explain to our clients that the united states is supporting iran as opposed to its own citizens especially in light of the fact that congress explicitly passed a law to allow american citizens to recover against state sponsored terrorism. >> so dan, does this mean anything to you? the d.o.j. says the u.s. courts require -- if the u.s. courts require foreign governments to disclose their assets, it impedes the state's ability to conduct foreign relations. does that mean anything to you? >> yeah, in my opinion, since when do we let terrorists dictate foreign policy? the foreign policy should be that if you injure american citizens anywhere around the world, your assets are not safe. and, perhaps, that will create a

deterrent for the governments in the future that if they know they have to give up all of their assets if they do support such terrorists, such atrocious attacks, that that will prevent attacks in the future and, perhaps, save lives. >> you know, it's -- they also sponsor hezbollah and hamas and the amount of people they kill and maim is just huge. ted, in the big picture now, we know we have frozen assets here in iran since 1979, why can't you get access to them, to that? >> well, we are trying to determine where those assets are, what they might be being used for so we can attach them. the -- you asked a question about the foreign policy. that was determined by congress. congress passed a law that says that foreign governments if they support terrorism have to be responsible and their assets have to be subject to recovery by those victims of terrorism and we can't find the assets and the united states is helping iran hide them. >> ted, we'll keep the spotlight on. thanks so much for getting up

early and telling us this story and we want to stay with it. dan, sorry you were hit but i'm glad you're fighting back. dan miller, ted olson, thank you so much. >> thank you. >> all right. next on the rundown, facebook status in big trouble after their stock plummets. is there a plan to help the average investor? stuart varney knows and he's walking this way. i recognize him. just when you thought it couldn't get worse, we're getting new video of the vegas spending spree. we're talking boas, we're talking lipstick and lashes on your dime and dollar. but first, happy birthday to morrissey. he's 53. [ kristal ] we're just taking a sample of all our different items in our festival of shrimp. the crab-stuffed shrimp are awesome! tequila lime tacos. [ man ] delicious!

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>> time for your shot of the morning now. howard stern, you know he has a new role besides just being the radio jock now. yeah, he's criticizing talent! >> on "america's got talent". >> now he's being criticized this morning for breaking the heart of a 7-year-old rapper on "america's got talent." >> no one likes hitting the x on a 7-year-old. you're very brave to get up there at 7 years old. >> oh! >> oh! >> sorry, my man. i'm so sorry. i'm sorry.

you're a terrific young man. >> wow. >> so the boy's mom is speaking out and she told "the new york post" after the incident, the producers apparently gave them the impression her son would be advancing to the next round in las vegas. she claims that the day they were supposed to leave for vegas, someone then called from the show saying there was a mistake. he's not going to go anymore. so they felt bad, were they going to send him? he's a rapper. and -- >> did you hear him perform? >> i heard a little bit of it. he got a little confused at some points like 7-year-olds will on a major stage, i imagine. but it's sad! it's sad to see a 7-year-old cry on stage. >> it's sad. you have to wonder, you know, as parents, should you put your 7-year-old out there on a national stage unless they're -- >> unless you know he's going to win. >> unless he's a phenom. in the eyes of the beholder, you know, you think your child is wonderful no matter what. but -- >> let me tell you something, i said that this morning, he's unbelievable on the show.

i mean, he moved the whole show out here for him. you wonder how he's going to do in primetime. he's fantastic. >> ratings haven't budged, right? >> how do you know if he put a 77-year-old rapper through last night? going to vegas. >> fantastic. let's talk about some new polls that have come out. these are "washington post"/abc polls. who would be -- who would do a better job handling the economy? >> this is unbelievable! >> it's a dead heat. president obama 47%. mitt romney 47%. why is that unbelievable to you? >> someone -- stuart varney passed out. someone get something to revive him for the next segment. >> all right. >> incredible. >> why are you so surprised? >> how could there be a dead heat? the economy, $16 trillion in debt? >> no question, i agree with you, brian, it's shocking. i mean, you know, who would do better on foreign policy, but really the economy? i mean, there should be absolutely no -- >> that buffet tax was a stroke of brilliance and i think the american people -- >> here is why that's not

shocking. because we are at a tipping point in our country right now. and this is what the election will be all about. whether or not people want to have handout and we're reaching almost 50% of the country that's in that position. or you don't. and if you do, that's why you think president obama is doing a great job with the economy because you're getting what you need. >> i think we need to see who was polls , how they were polled. 47% agree, it's unbelievable. >> one guy ran a major organization and ran a state and i'm sorry, let's see what the people think. do you want the business guy or the guy that's had the job and has the experience for the last 3 1/2 years? art torgenson says this in south carolina. the obama administration acted as venture capitalists in their decision to give solyndra $535 million. they have consulted with bain capital to divide that. probably would have saved $535 million of taxpayer money if

they had consulted with bain first. >> great point. >> we americans are missing the point of bain capital. the president said it's ok if the capital is fair to all americans. president himself said he's not running the company but a government that should be fair to all people, excuse me, mr. president but if your expenses are exceeding revenues you'll never have a profit. to be fair, this is accounting 101. >> this is definitely not twitter. >> also a great point. >> these are examples of when people dig beneath the surface of just the simple statements that are being put out. and this is something that we've been talking about a lot on this show. are you going to dig deep into the fine print? and make your own analysis? that's what the candidates or at least mitt romney is hoping you do. >> the left wants to talk about the four million jobs that have been created sort of the last couple of years. still, there are 500,000 fewer jobs in america than the day president obama took the oath. and $5 trillion more in debt added on to the national debt so if you do the math on it, it ain't working. it's not working.

bain capital is -- is showing better return for their money hiring people. but the rest of your headlines now. overnight, the huge breakthrough in the case of the california teen missing for more than two months. police arrested this man, 21-year-old antolin garcia torres on suspicion of murder and kidnapping. she was last seen march 15th as she left to catch the school bus. they are looking into his alleged involvement in a news conference later this morning. >> some of the catholic institutions firing back against the so-called contraception mandate. 43 catholic institutions suing the obama administration. they say the requirement for employers to pay for contraception is a threat to religious freedom. among the plaintiffs, the archdiocese of new york. >> if the president wants to go ahead with his proposal to offer this type of reproductive services, we obviously don't agree with that at all.

it's not the issue here. the issue here is that he himself admitted there should be an exemption for churches. >> the president had originally offered to socften the mandate o accommodate religious groups. they claim the change is not enough. >> new video out this morning courtesy of the g.s.a. to show how little workers are actually working. you've paid the bill for their lavish bash in las vegas. in one video you're looking at, two workers choosing to play dress-up on your dime. in another video, a group of g.s.a. workers laughing it up as they get ready in the hotel room. they're shaving and they're brushing their teeth. they beat up a computer in the field that they took from an office. fantastic. so so they're trying the property that we financed. >> i can't get past the pink eyelashes. >> in the meantime, investors everywhere -- there they are. yeah, attractive. >> investors everywhere may be thinking about defriending facebook now. social media network's stock has

plummeted 11% since its initial public offering. so what's going on? stuart varney is here to break it all down. what happened? >> look, this was the chance of the little guy, the man on the street to get in on the shiny new all american industry that was going to take off and go to the moon like google or apple. didn't happen. it fizzled. number one, the stock trading system didn't work. you put your order in to buy and you didn't know whether you bought the shares or not. you didn't know until a couple of days later and then the big banks, they're the ones who overpriced this thing. they put it so expensive there's no room left for any profit for the little guy. result -- the stock comes down 11% yesterday. and the little guy is left out in the cold waiting to get into this big new opportunity. and an opportunity denied. >> if you're left out in the cold, isn't that a good thing now? because if you got in when it was warm, you would have lost. >> but think of all the enthusiasm here. this is facebook.

this is a new industry. it's all american. this is what america is all about. hard work, innovation, etc., etc., etc. the little guy wanted to get in on the ground floor. get in there, maybe make some money, sure. but be a part of the action. and they're disappointed. >> you know, last thursday i was here and you guys said what are you going to do with facebook? i'm backing off facebook shares because the valuation started out right, if you remember, it was $28 a share and there was 300 million shares which meant it was worth here. within a few days, it had gone up to $38 and 420 million shares basically what we said is here's a whole boatload of money, fa faceback and they can't compete at that kind of valuation. >> if facebook came out with a plan and said look, this is how we're going to bring in money, bring in profit because we've got a platform with 900 million people on it. if they came out and said that, you might turn this fizzle into a spurt. that could still happen. i'm not in this stock. i'm not recommending it. i don't know whether it's a good investment or not but, you know, if they came out with that plan,

here's how we're going to really make some money. >> they might get varney's loot. >> who knows? this thing could turn out a little better than it has so far. >> we'll be watching you at 9:20 on the fox business network. you match yourself today in the photo. nice blue tie. see you tomorrow. listen up, guys, new warning to skip the screening for prostate cancer or risk getting sick? big news straight ahead. >> it's exactly what candidate obama criticized president bush for. now he wants the supreme court to give him the power to monitor you, the judge weighs in next. >> mark zuckerberg started facebook in his harvard dorm room and in eight years, built it into the most popular waste of time the world has ever seen. i'm more of an absentee plant parent. [ cellphone rings ]

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>> if you're just waking up, some quick headlines for you. 45 minutes past the top of the hour. new warning for men to skip the screening for prostate cancer? a federal panel says the number of deaths avoided by screening are very small compared to the risks from treatment that include infections and even death. and tim tebow fans will soon be able to tebow with the jets quarterback at home whenever they like. all you need is madden 13, oh, no. another madden? i'm going to have to buy this one again. video game's creative director saying tebow's post touchdown tradition will be in the game. it comes out in august. eric? >> all right. the supreme court will consider shutting down a legal challenge to a law that lets the u.s. eavesdrop on overseas communication but is this more hypocrisy from the obama administration to try to keep the same monitoring freedom that president bush was criticized for having. joining us now is fox news

senior judicial analyst judge andrew napolitano. break it down for us, judge, real quickly. what is the issue? >> in the bush administration, congress amended two laws, the patriot act and the foreign intelligence security act commonly called fisa which allows a federal court in washington that meets in secret to authorize federal agents to listen to conversations of foreign nationals whether they're in the united states or whether they're outside of the united states. they listen to these conversations without any allegation against these people even though the fourth amendment says there has to be probable cause for crime. so far, no problem. the problem is that some of these conversations are with americans. so americans are having the government wiretap their conversations without a search warrant consistent with the fourth amendment so these people have sued -- >> can i stop you here? the americans are overseas. >> no. that's the kicker. the americans are in the united states. the court has been authorizing conversations between americans over -- between nonamericans overseas and the americans in

the u.s. when this statute was up for enactment and this amendment to the law was up and a certain senator was the certain senator from illinois who happens to be president, he railed against it. the government shouldn't have this power and the president shouldn't be doing it. now that he's president of the united states, he's 180 degrees from there. he's not only defending this action, he's saying it can't be challenged in court and he's using it more often than president bush did. it's another example of barack obama changing 180 degrees from when he was in the senate criticizing a republican candidate in the white house to when he's in the white house and running the executive branch. >> don't i want the f.b.i. and eye -- c.i.a. to listen in on any conversation we should be listening into? >> they want a bar over which to jump. that's in the fourth amendment to prevent the government from fishing expeditions and listening to things they shouldn't listen to. the government has to show probable cause. the statutes that president obama voted against when he was a senator removed the probable

cause requirement. and allowed the secret court, the fisa court to authorize federal agents to listen to any conversation with any foreigners even if one of the people on the conversation is an american in the united states. >> does there have to be a reason to listen in? >> the reason is that the person is a foreigner. the issue is -- can this be challenged in court? the people have challenged that are journalists. the judge said are you being listened in on? we don't know, they don't he will you they're being listened in on. do they have the right to challenge this? all this decided by the supreme court. >> thank you so much. >> pleasure, eric. >> ladies, think you're hilarious but for some reason your jokes fall flat at work. turns out brian agrees with you. if not, it's science and the study that says men are funnier. i knew it! and she's on the fiction show about "saturday night live" so what does she think of their "fox & friends" impersonation?

we'll ask "30 rock" star next.

>> she has been on the big stage and on the small screen. now in her latest role, actress jane krakowski plays the devious jenna maroney on the comedy "30 rock." >> poor baby, can't hack it in the big city? >> going to pretend that was your dream the whole time? have fun always carrying a light sweater. what's your problem? is this about when i tried to cripple you? that was weeks ago. >> bye, hazel. i look forward to reading euro

-- your obituary, least famous person in the world dies. >> they had their finale last week leaving friends trying to wonder what is going to happen. joining me now is actress jane krakowski. welcome back to the couch. >> thank you for having me this morni morning. >> you said this is one of the first times, you've been on before but you've had time to cool out in the green room. >> right from the car to the couch. we're ready to go this morning. >> is "30 rock" been around? >> we've officially been told this will be our last season coming up. it's going to be our final 13 episodes which gives tina fey and our brilliant writers the chance to properly end the series. and of course, we're sad but, you know, we've gone through a lot together. it's been -- it will be seven years and we've had two new babies, two new kidneys, three engagements so we've all gone through a lot together. >> absolutely. >> did you hear that last tease from the last block? it said that men are clearly

funnier than women. do you agree? >> oh, wow, i missed that block because we were in the car. >> good job, jane. >> is that what it was? >> not at home? >> men's jokes fall flat as opposed to women. what's your experience? you're a funny woman. >> i work with one of the funniest women out there, miss tina fey. they say women tend to be more afraid to tell jokes per se like, you know, a set-up sort of joke. >> keep in mind, this study was done out of great britain. not a bastion of funny people that i've heard of coming from -- >> benny hill was hysterical. >> you named one. let's talk about "saturday night live." they have had fun spoofing this particular show right here, "fox & friends", three times in the last year alone. >> i hold you responsible. >> watch this. >> what's black and white and live? >> no, no, no, no, no, no, no, no, no. no, no, no, no.

brian, do not say barack obama. >> oh, i was going to say a panda on weight watchers. black and white and live. this bamboo is only six points. >> that is an honor, you guys! >> really, i feel honored. 80 pounds overweight with three chins. that's fantastic. >> why does the heavy guy play me? do we know? can we find out? >> i've been played by many transvestites as well. >> he's a transvestite. >> i'm saying in my career, i've been spoofed and portrayed as -- >> that would be worse. that would be majorly worse. >> got back on saturday nights. what's your newest role? >> right now, i have teamed up with clear, scalp and hair beauty therapy to make these really amazing tv vignettes that lead you to the webisodes and it's the first time it's been done in the united states.

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>> good morning, everyone. it's tuesday, may 22nd. i'm gretchen carlson. thanks so much for spending part of your time with us today. let me tell you what's happening right now. president obama says private equity is bad for mitt romney and bad for america but if it's raising money for obama's campaign, then i guess he's for it. so which one is it? can you have it both ways? >> and cory booker better check his campaign coffers before

scrutinizing mitt romney's private equity background. turns out the newark mayor took money from none other than bain capital, a lot of money. that's why he's not indicting him. >> have you heard about the one -- the hilarious female boss? no. neither has anyone else. >> who is writing this? >> that's a female writer. men are funnier than women, it turns out. everywhere. not just the office. "fox & friends" starts right now. >> by the way -- >> like i'm going to say anything after that study. >> the thing is our show is dominated by women. >> right. >> so this had to pass the female test to get in the prompter. >> you need the guest -- >> the guest and the production. >> but gretchen, you're very funny. just watch how funny -- she's very funny. >> i'm not going to be put on the spot now. >> say something funny.

>> no. no, no. but we will tell you a little bit more about this study later on. no offense to the u.k. don't e-mail me from the u.k. about what i just said. >> you just threw them under the bus. >> a study comes out of the u.k. and now we're going to a -- apply it to america. humor is different depending on cultures. what's funny in some cultures isn't funny in others. i don't know if we should use british study to malign women in america. >> queen elizabeth is hysterical. >> we'll give you the science behind the study. this is not somebody's opinion. they've done science and charts and graphs. >> ok. humor is subjective. but other than that, let's do headlines which are not. spacex making history earlier this morning launching the first commercial rocket into space. >> three, two, one, zero and

launch of the space x falcon nine rocket as nasa turns to the private sector to resupply the international space station. >> not the most inspirational line. >> the rocket lifting up from cape canaveral florida and should reach the international space station by thursday. it will dock on friday, then, and it will be several weeks before it returns back to earth. we'll have a live report from florida coming up later in the show. overnight, police make a huge breakthrough in the case of california teen missing for more than two months. you're looking at new video. this is angelin garcia torres. cops arrested the 21-year-old on suspicion of murder and kidnapping. he's from morgan hill, the same area where sierra lamar lived and disappeared. he's also the owner of the red volkswagen jetta that's believed to be connected to the girl's disappearance. she was last seen march 16th as she left to catch the school bus. fox news learning ryan crocker, president obama's envoy to

afghanistan will be stepping down soon. the news comes as the president admits there are still challenges for the united states and its allies before they leave that country by 2014. crocker came out of retirement last july to become the u.s. ambassador to afghanistan. we don't know yet why crocker is leaving his post. reports say the white house, though, is considering the deputy ambassador james cunningham to replace crocker. dog the bounty hunter will have to bust perps without cameras following him. >> ok. dial 911 now! >> dial 911. >> out the window. >> climb out the window. watch the glass! >> a&e just canceled his long running reality series. we're told he and the network were negotiating but in the end, a&e decided to pull the plug and not film season nine. and those are your quick headlines. >> dog will be back on the couch soon, i would imagine. i would file this -- president obama's strategy, his re-election team strategy of going after mitt romney's

private sector experience as a managing partner at bain capital under the same place i would file john kerry when he sat there at the d.n.c. convention and saluted everyone and said reporting for duty. what it did is it started the -- it started the game. it started the strategy. and i think so far, president obama has to be -- and david axelrod had to be somewhat floored on how badly the attacks on bain capital are going. certainly not as planned. >> are you talking about the fact that three prominent democrats thus far have come out publicly to say that they do not agree with president obama's strategy? i'm thinking of harold ford, i'm thinking of cory booker on "meet the press" on sunday and also steve ratner who was the car czar. those three have -- and he ran a private equity firm. those three have basically denounced the president's attack on mitt romney. but yesterday during a press conference, the president was asked that question immediately. do you believe mitt romney is responsible for the jobs lost in the companies that bain capital took over? do you agree with what cory

booker said or what's your response to that and what do you really feel about private equity? here's the president's new response. >> saying i'm a business guy and i know how to fix it and this is his business. and when you're president as opposed to the head of a private equity firm, then you -- your job is not simply to maximize profits. your job is to figure out how everybody in the country has a fair shot. >> i thought this was interesting, eric because he really was changing now the discussion he had in the past, that private equity was bad. because people came back and criticized him for that and said you're taking money from private equity firms. how can you have it both ways? now, it seems that they've changed the rhetoric to maximizing profits is not the way in which you run a country. >> yeah, i'm not sure that i read it that way. i think he's still kind of demonized private equity and certainly going to demonize bain and he's going to continue. in fact, yesterday, there's a new attack ad on mitt romney and

bain capital about the paper company that they were involved with at one point. again, but here -- very important, there are private equity invests in companies. companies hire people. there's $134 billion worth of private equity investment in 2011 in the various states. interestingly, some of the states which are swing states were of the largest beneficiaries of the money, north carolina, for example, was third on the list with $10 1/2 billion in private equity investment. florida $7 1/2 billion. colorado $5 billion. ohio $5 billion. these are five swing states that benefit dramatically from private equity investment and jobs created from private equity investment. i think this is a failing proposition by the obama administration. i wouldn't be surprised if after this next run of, you know, discussion, dialogue, they move away from this thing. >> he said this isn't a distraction yesterday. he said this is their line of

thinking moving forward to november. >> well, we'll have to see. david axelrod tried to walk it back and he said i liked what cory booker said second as opposed to first. he was backpeddling and said he was taken out of context when he made those comments on a panel discussion on "meet the press." there's no way he was taken out of context. i watched the whole entire thing. he wasn't cut off. he wasn't interrupted. he got his full statement out. sarah palin on with sean hannity. she's disappointed he walked it back did the mayor of newark later on in the day. >> dog gone it. it was ashamed to see cory kind of back down from what his answer was which was so candid, sean he was the antithesis of the politician because he did this before he spewed his answer. he understands that obama doesn't understand the free market system and he will condemn private equity because he doesn't understand the benefits of private equity in job creation. so it was a shame that cory

backed down a little bit from that. but i think we saw what his true feelings were. he articulated it. >> part of those true feelings, may have been because cory booker received more than $500,000 from private equity firms when he was running to become mayor of newark. that could factor into it as well. >> look at all the money that zuckerberg gave to newark, new jersey. >> million bucks. >> $100 million. haven't figured out how to spend it yet. how could he an rng ti private sector? >> look at this. one side of the screen is cory booker on "meet the press." look at him there. he's forward. he's leaning forward. look at him on the you tube video a couple of hours later when he's walking back the comments. that's a different cory booker. someone picked up the phone and said you wanted to be the rising superstar in the democratic party that you've been and continue to get the support of the democratic party? i'm guessing, they said then go up there and start walking it back. >> i think he's untouchable. >> interesting thing is last night, he continued to walk back his statements and now he's

placing the blame on the g.o.p. for taking them out of context. but last night, i was flipping around to see how all the different networks and cable operations were going to handle the cory booker comments and you know what? on the left and on the right, they were handled in the same way. in fact, on the left, they were a little bit, you know, talking more openly about what he had said so i don't know if that's going to stand up that he can blame the g.o.p. for that. >> for the last 18 months, i'm trying to get judith baxter on the phone. it turns out this linguistic expert was on an 18 study into speech pat -- patterns including two companies on the ftse 100. they did a study, who is funnier at work? why are men so much funnier? >> booker? we finished booker? >> we're moving on to brian's topic now. >> she found that 90% of the jokes made by businessmen triggered an outburst. and at least 80% made by female

counterparts resulted in silence. >> i wonder why. >> and this is a woman who found out this study for 18 months, she studied laughter. >> where is she from? >> she is from, i believe, where they make the ftse, i believe britain. >> they say because one problem is there's one type of humor that women have. they say that women leaders use more -- more self-depricating humor than men and self-depricating humor doesn't really help with leadership if you're always ripping yourself. >> who is wasting time and money trying to figure this out? come on. this is the thesis of how it all works. women laugh in the workplace because they feel like they have to. end of story. >> here it is. it's not that women are less funny. they tend to use humor differently. they're more comfortable with using humor in pairs and with a friend and less as a means to manage people. when they do, their humor can appear contrived, defensive or occasionally just mean. so this is again where men

dominate women. >> read the rest of the study? only like 11 more pages. >> all right. >> they should -- they should learn to develop the running gag. you should learn to develop the running gag. >> that's genius. >> teasing banter. >> somehow in life, i've actually been successful a few times without needing to use this. >> can you imagine the success you could achieve with the running gag, though? if you just added that to your repertoire. >> has researched this more than any other important story of the day. so i would like an hour with you after the show, please. >> i realize when you teased it and broke out in laughter and you got angry at the top of the hour. >> i'm not angry. >> they say that women should learn to tease more, be light and airy. and female colleagues are -- >> that's what men want! because they don't want strong women in the workplace for the most part. >> wow. >> we want to laugh. >> yeah, that's what we've been waiting for, some humor! >> oh, ok. >> you know who else is probably going to be very tuned in on that.

liza minnelli. >> she's coming up. >> yea! liza minnelli with her new c.d. you know what this is? this is never before heard songs from when she was 27 years old. there was a problem. they were cabaret songs and there was a problem with being able to release them then and now they can be released. and she's making a return appearance to "fox & friends." >> and what i'm going to do is ask her if we could do a duets album where she -- in separate rooms where she sings one side and i sing the other. >> separate rooms? >> now, that would be something to laugh at. >> no, nat king cole and natalie king cole did it. it was very successful. >> gotcha. >> all right. we'll figure that out and get you a microphone. another big economic crash coming, that's what our next guest says. you should listen to him because he's been right about everything else. >> when a teacher tells a student he'll go to jail for criticizing the president. listen. >> do you realize that people were arrested for saying things bad about bush? >> it doesn't matter -- >> no, do you realize -- you are

not -- you can't -- you're not supposed to slander! >> so is this an isolated incident or just a glimpse into what classrooms across america are like. >> it was taped by the school. >> no. does your phone share what you are seeing and hearing right now with the touch of a button ? droid does. does it post it instantly to facebook with sound ? droid does. droid with color for facebook. it's the ultimate status update. get a droid razr maxx by motorola for only $199.99.

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smart move. 5-hour energy. hours and hours of energy. >> all right. you think the economy is improving, jobs are growing and the worst is over, our next guest says sadly, you are dead wrong. >> joining us now the author of "the real crash" peter shift. thank you for joining us. what do you mean, the worst isn't over? things aren't getting better? >> hardly. we've actually made all the problems worst. you know, when i wrote my original book "crash proof, how to profit from the coming economic collapse" in that book, i forecast the bursting of the housing bubble and the ensuing

financial crisis and this great recession but what i was really concerned about was not that. i thought the crash was going to come from what the government would do to try to revive the economy. that was the real crash. it's still yet to come. and it is the subject of this new book. >> so you don't think anything has changed that allowed this crash to happen in the fall of 2008? >> no, the problems are much worse. we're much more deeply indebted now than we were then. all the problems have been exacerbated, what we have now is not a legitimate recovery. all we've done is borrowed the money and spent it. we've counting the spending as economic growth when it's not. debt is growing faster than the g.d.p. and ultimately, we'll have to pay this money back with interest and the only thing keeping us afloat right now is 0% interest rates. >> why are they 0%? it's counter intuitive, we keep telling people the debt clock is going to bite us in the rear.

it hasn't done it yet. there's no inflation. >> sure it is. it's inflation keeping the interest rates low. the fed is printing money and buying treasuries. see the biggest problem with the u.s. economy is that interest rates are too low. interest rates are probably the most important price in a free market. they're involved in one side of every transaction. they need to be set by the market. instead, we're setting interest rates the way the soviet union used to set the price of bread. and the costs are too low, we borrow too much and we spend too much. we don't save enough and produce enough. >> you think we have to go bankrupt? >> we are bankrupt. >> you want us to declare bankruptcy? >> what we need to do, we have to let interest rates rise. the problem is when interest rates go up, the u.s. government can't afford to pay the interest on the debt. >> what do you mean interest rates rise? >> the fed is keeping them down. >> you're saying eliminate the fed. >> no, the fed has to let interest rates go up. >> they set a rate. and they set the rate at 0 right now. >> that's too low. let the market set the rate. how can the rate be zero?

>> on one hand let the markets set the rate or the fed set the rate. >> the fed can still be there and not set rates. it can let the market do it or the fed has to move rates higher because rates are much too low. nobody can make any money saving. nobody is saving. so we don't have any legitimate capital to finance investment. we have to borrow it all from abroad. but when we let interest rates go up, the u.s. government can't pay its debts, many of our major banks are going to fail. you think that $2 billion loss at j.p. morgan is big, wait until you see how much j.p. morgan and morgan stanley and bank of america are going to lose if the fed lets interest rates go where they need to go. >> the name of the book is "the real crash" and he predicted everything that's happened before and i hope you're wrong but you seem very confident that you're right now. >> thank you, peter. a teacher tells a student he'll go to jail for criticizing president obama. listen. >> do you realize people were arrested for saying things bad about bush? >> it doesn't matter --

>> no, do you realize -- you're not supposed to slander! >> here's the scariest part. our next guest says this is what classrooms across america are like everywhere. >> and airlines coming up with yet another thing that you'll pay this one so you can sit next to your family on a flight. how about paying not to sit next to your family. i love cash back.

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>> favorite time of the show. news by the numbers. first $8.4 million. that's how much corporate bankruptcy documents show former m.f. global c.e.o. jon corzine made before his company went under. the former democratic new jersey governor and senator resigned

after m.f. global collapsed and they're still looking for billions. next $25. that's what you may have to pay to sit with a friend or family member the next time you fly. why? airlines are reserving a growing number of window seats and aisle seats and charging extra. how can you reserve both? and number one, for the first time in the history of maxim magazine, readers picked their annual hot 100 list of sexy stars. supermodel bar rafielli scoring the top spot. i know she was on our show and she is very hot. gretch? >> it's a political showdown in the classroom. a high school social studies teacher gets into a shouting match with a student that raised a question that was critical of president obama.

>> yikes! the teacher even suggested that criticizing the president could get the student arrested. kyle olson is the founder of education action group and joins us now to weigh in. kyle, i don't remember in any of my classes being spoken to that way by a teacher. is that the norm? >> i don't think it is the norm but there are certainly these people that do the sort of thing in classrooms and it's not acceptable. what's interesting about this is it also shows not only her opinion and how she doesn't understand american law but she cannot manage a classroom so i think this particular individual

and many teachers across america should really be scrutinized to see how they're managing their classrooms and this is acceptable. >> this is a social studies class where she was supposedly opening up debate talking about the presidential candidates and i think the question was whether or not mitt romney had bullied somebody in high school. >> right. >> and this particular student who we had on the show earlier said well, didn't president obama admit in his own book that he also bullied somebody and that's what she didn't want to hear. is that fair discourse, then? >> well, it seemed like she was doing the shouting and the student was attempting to engage her in some sort of a conversation or debate? but it was the teacher that was doing the shouting and all he was doing because i listened to this whole thing sunday afternoon when it came out was that he was just trying to raise these questions. but she didn't want to have anything to do with that. she's saying you're not going to disrespect president obama in my classroom and while i think that's a fair point, i would question whether or not she was making those same sorts of statements about president bush. >> well, later on in the tape, she threatened to have him

arrested for saying those things about president obama. and we spoke to hunter earlier on our show and here's what he said about that. >> i've been taught all my life that nobody can take your opinion or nobody can take your freedom of speech and she was telling me just that i could be arrested for slander and i've been told all my life you'd have to threaten the president to get arrested. >> so what's happened now is that as a result of this tape, the school district, school board has suspended this teacher with pay. what do you think about that? >> well, that's the least that should happen. but what's interesting about this is the only reason this came out is a student was smart enough to think i should record what is going to happen. my guess is this is not the only time this has happened in this classroom and when we're going to see change is when more students are doing this sort of thing, not to create gotcha moments but to show america exactly what is going on in their classrooms. >> so are you advocating that

kids should be taping in their classroom? >> i think students need to know the law, first of all, because there are very clear state laws regarding this. but yes, i think students should be recording this sort of thing and put it out because it's interesting, there was a case in new jersey where a parent actually miked his child's backpack. >> yep. >> and huge ramifications for that. >> the autistic child. >> this sort of thing needs to happen more. >> i have to get in the school statement. the school system expects all students and employees to be respectful in the school environment and for all students to maintain professionalism in the classroom. this incident should serve as an education for all teachers to stop and reflect on their interaction with students. we'll continue to follow this case and continue to speak to you on a weekly basis. thanks so much. >> thank you. >> next on the rundown, it was like something out of "oceans 11" but this daring heist at the billagio in vegas all too real? and it was the time of her life

25 years ago, so much has changed for jennifer grey. she's here next with brian. the capital one cash rewards card gives you a 50% annual bonus. and who doesn't want 50% more cash? ugh, the baby. huh! and then the baby bear said, "i want 50% more cash in my bed!"

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>> get this, the new study found that the most -- most members of congress can only speak at a 10th grade level. in response, congress issued a statement and saying that's ridonkulous. >> he's funny. >> he's -- >> that's a man! >> and he's in the office. >> i was just going to make a salient point about that. what did that study say about smarts? anyway, the point of why maybe congress is now at a 10th grade education instead of 11th grade is one e-mailler said, because they have to be dumber to speak more simply so that everyone understands them. >> they're talking down to us. >> apparently. >> all right. now to the studies making headlines right now, the most influential catholic institutions in the country not backing down on the contraception mandate. 43 now catholic groups suing the obama administration. they say the requirement for employers to pay for contraception is a threat to religious freedom. and late last night, we caught up with timothy cardinal dolan.

>> if the president wants to go ahead with his -- with his proposal to offer this type of reproductive services, we obviously don't agree with that at all. but that's not the issue here. the issue here is that he himself admitted that there should be an exemption for churches. >> the president originally offered to soften the mandate to accommodate religious groups that they say that change is not enough. >> all right. 10 months after she went into hiding, casey anthony is found and now she may have to face tough questions under oath. investigators have been waiting outside her home in florida for several days in order to serve her with a subpoena in a defamation suit filed by zunita gonzalez. anthony had claimed her daughter caylee was kidnapped by a babysitter with the same name. >> it's a scene right out of "oceans 11." >> i'm afraid you must --

>> you're watching your monitors? ok. keep watching. >> but two men not as successful as george clooney tried to steal $115,000 worth of chips from the bellagio casino in las vegas. but this security guard took one of them down after he pepper sprayed a black jack dealer. yet, the suspect got away empty handed. >> legendary anchorman ron burgundy is back and we have your sneak peek at the trailer for the sequel just released. >> it was said he would one day return. that day has come! >> hey, america. did you miss my hot breath in your ear? >> in this movie, we play witches. >> what are you possibly describing? look, it's -- it's going to be a fun movie. >> and there you go.

>> the first movie was released eight years ago. i saw that trailer when i went to the movie on friday. and i wanted to go see "the next rendition of borat." >> really? >> remember how funny he was when he was on our show. >> and -- >> the dictator did not work? >> he actually acted in this and they knew -- wasn't a reality show. >> what? >> it wasn't that funny. sorry. >> all right. >> it's one -- >> are you done? are you finished? should we move on? >> i wanted to find out how the dictator was. i wanted to close that and move on to another topic. >> unlike the cory booker segment which is left hanging and we moved on to the funny segment. >> in one of those famous movie lines from all time -- >> ♪ our hands we >> that was patrick swayze's character johnny castle sweeping jennifer grey's character baby off her feet in the iconic movie "dirty dancing." hard it believe it's been 25

years since the movie's first release. jennifer grey is here to help us celebrate it. 25 years, congratulations. >> thank you so much. good morning, guys. >> does it seem like 25 years? >> it seems like another lifetime. it feels like so much has happened since then. i mean, it almost feels like that was one life and this is -- has been, i'd say, a really interesting second act. >> what's so interesting is you sort of lived out what you did in this movie just recently when you were on "dancing with the stars." >> well, it was really -- it was so similar because i really, contrary to popular belief, i really don't know how to dance. i know how to dance when someone puts me in rigorous rehearsals to the point of bleeding and to the point of surgery. that's how long it takes me to learn something so that's not normal. just learn things, you know? >> didn't swayze teach you stuff, though? he was a fantastic dancer, right?

>> we have kenny ortega directing the remake of "dirty dancing" he was a choreographer so he and miranda garrison taught me to do it and we rehearsed with patrick and he was the most amazing dancer. he was a ballet dancer and he was in shows with my dad before we did the movie. he's, you know, he was a really good guy. >> so jennifer, when you said those -- when that dialogue was read, maybe at a table because i've watched movies of people who are in movies, when they said don't put baby in the corner. did you circle that and say that's what everybody remembers. >> no. no, i think it was cringy. at the time we were like oh! >> it ends up -- >> and the title was like oh! >> that's a temporary title. we have to think of something else. >> why? it was too racy? >> whatever it was at the time, you know, we also thought it was going to be a tiny movie that was going to go nowhere. honestly. it was before independent movies

were being made. it was this little tiny thing and it's been such a beautiful thing that has made so many people happy which is so gratifying to be part of something that makes people feel so good which is why skinny cow has asked me to partner with them this summer. >> what are you talking about? >> they're doing this 25th anniversary celebration where they're inviting women to come bring their girlfriends, see the movie on the big screen which is quite different from seeing it on your television every sunday. you know, and it's going to be a really fun event and have the skinny cow ice cream and cones. they're sick they're so good. and the candy they have now and so they're going to be feeding them, showing them the movie and having them do dance moves and do like a dance-off. >> and women will leave not feeling guilty because they'll be rejuvenated from watching the movie and they will have eaten low calorie ice cream. >> how about the dancing is the best way to exercise? >> we have a refrigerator full of these. freezer full of these. my wife loves these.

>> oh, that's -- >> skinny cow brand. >> me, too. my daughter loves it. don't you love having the chocolate at the bottom of the cone? >> you're going to be in eight different cities. >> yeah. >> premiere tonight in new york throughout the summer and ending on august 21st. >> yeah. >> where do we find out more? >> on the facebook page, the skinny cow facebook page. >> and fox and friends.com will have all the information. great to see you again. >> thanks, it will be fun. >> next on the rundown, special memorial day job hunt. cheryl casone has the top five places looking to hire our heroes, our veterans right now. >> and president obama's economic guru blaming the skyrocketing debt on president bush. well, the budget chief under president bush begs to differ. mitch daniels here next. first the trivia question of the day -- [ male announcer ] every day thousands of people are choosingdvil®.

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so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. >> it's history in the making for the first time ever, a private company launches a rocket into space. wfol's steve gelback was there and joins me live from kennedy space center. what can you tell us, steve? >> we're now four minutes or four hours into this historic launch and that dragon capsule is racing its way trying to catch up with international space station. that will happen on thursday, the actual docking won't happen until friday but this was a second chance, if you will. they had that first fizzle when it fired the engines on saturday but the day of the actual engines fired, it got off the launch pad and now this historic launch is happening because it's the first private company, the first private spacecraft that's

going to actually hook up with the international space station. this is just a test flight. and if all goes well here, then there's going to be 12 more of these delivery flights, these cargo flights to the international space station over the next for you yea -- few yea. no astronauts on board. in the next few years, you could see astronauts or space tourists flying on top of that rocket, that space capsule. back to you guys. >> thanks so much, steve. let's go back upstairs to brian. >> thank you very much. a former white house chief economist getting defensive about president obama's failure to get the deficit under control. >> look, i don't dispute that the deficit has increased. i think for the republicans who set in place the policies that led to the economic crisis that exploded the deficit to now be saying well, look, why is the deficit so big is a bit, you know, they lit the back half of the house on fire and now they're complaining the air conditioning doesn't work. >> you heard what paul ryan said to that. let's find out what somebody else says to that. the budget chief under president

bush begs to differ. we're joined by now governor of indiana mitch daniels. welcome back to the show. can you answer him in terms of driving up deficit? it was your policy that drove up the deficit? >> i don't understand why he's defensive. doubling the deficit on this watch in the terrible economy which is the biggest problem of all, even bigger than overspending is really the anemic recovery we've got and that's all on the policies of this administration. no, i mean, they've tried this a long time. it's very lame. you know, the deficit in 2007 was 1.2% of g.d.p., one of the lowest post war so a lot went into getting us in the fix we're in now but won't wash for them to keep looking back and try to blame it on someone else. >> they're trying to blame it on someone else. it comes back to you. you're office of management and budget and democrats are praising you as well. they keep saying wow, you drove up the deficit. in reality, there's a different reality to which you actually

inherited, correct? >> sure. it was a bubble breaking back then, too, and all the revenue that people imagined was coming, everyone thought was coming. >> the surplus was on paper, wasn't in the bank. >> it never happened and wasn't going to given the , again, the economic recession that took place then. but, you know, it's really not worth arguing about at this point. we're in a very bad place and the question is, as it always is, what do we do now? what this administration is doing with regard to economic growth and spending discipline is simply not going to get the job done. >> so it has been exercised in indiana and indiana has an interesting jobs report to report, correct? and growth. >> right. we have -- we were the nation's leader last month in jobs growth and we've been growing about two times the national average over the last year. our budget is in balance and our credit is better than the federal government's which is a strange thing to say, triple a. and we're going to give a tax refund to our citizens at the

end of this fiscal year. so we're in relatively speaking very strong shape. we sure -- like everyone, we need a better national economy. >> you hate personal accolades and you don't like praise, that's not why you do it. you did get something very significant, last night you received the manhattan institute's alexander hamilton award, how did that feel? >> it's great. it's a great organization and they add a lot to the national understanding and i was very honored to be there. archbishop dolan was also honored and memoriam of one of the great scholars. if you're in company like that, you feel a little out of place but yeah, no, that's what brought me to town. as much as i like you, brian, i didn't come here to just talk to you. >> i know that. is there a next step for private sector or another public sector job? >> i've always thought that public life, public service is something in our country, person ought to do if they could. but not make a life of. so it's always been my expectation to try to do the best job i could and then go back and live as they say under the laws you had something to do

with making. >> i've never seen you get so comfortable on the couch. you got to come back whether it's back in the private sector or public sector. >> i'd like that. >> congratulations on everything you've done. >> thank you. >> all right, coming up next on "fox & friends", the unemployment rate for vets is over 12%. we want to change that. cheryl casone is here with five companies looking to hire our heroes today. but first, on this day in 1990, "vogue" was the number one song. and for gretchen, it will always be number one. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

>> well, the answer to the question of the day is apollo anton ono and the winner is mike from spartanburg, south carolina. according to the u.s. --

all right. according to the u.s. bureau of labor statistics, the unemployment rate for vets active since 2001 was 12.1% in 2011 and with memorial day less than a week away, "fox & friends" wants to help some of those brave men and women land a job! cheryl casone from the fox business network is joined today by the founder of milicruit hosting a virtual career fair tomorrow just for veterans and we have five of the companies that will be there. >> this is -- i want to bring in kevin and introduce him because he's doing something that i think is great. it's memorial day this weekend. they'll be doing a virtual job fair. kevin, why do virtual job fair? why is this so important do you think? >> it allows the employers to recruit all across the country in one day and for the soldier that may want be able to get to a physical job fair or maybe one that's not in their local market, it allows them to still explore opportunities all across the country with industry leading employers from home. >> you've partnered with the v.a., with the department of defense, a lot of these

companies are working with the white house to get these jobs out to veterans, correct? >> yes, we work with a lot of public and private sector organizations, we're going to feature a few here today but the d.o.l., the d.o.d., the white house in getting the job fairs put together. >> i have my five companies but he knows them very well and he's going to be working with each company tomorrow obviously to get the job fair is is 11:00 to 4:00 and the first one is citi. >> you think it's just a bank, it's really not. they're hiring across every vertical you could possibly imagine. they have a huge geographical reach. they have openings all over the country. >> here you go. there's 3,454 jobs available at citi. again, this is virtual interviews that are going to be done via skype tomorrow between 11:00 and 4:00. they partner with the white house and value maturity with their veterans and level 3 communications, another company that's hiring. why level 3? >> same thing, telecommunications firm, do a lot of work in the government and a lot in the private sector and they have needs across

marketing, sales, all across the country as well. >> ok and in penske truck leasing, we have to say really quick, it's different that the racing team. and they've got 622 jobs available and that's the transportation angle, right? they're looking for those veterans that have those great trucking skills, driving large equipment, correct? >> yes. a lot of states now that are letting you use your military skills or your certifications at state level so you don't have to become recertified and penske is a lot of truck drivers and machine operators in the military that are a natural fit. >> and then phillips, we know this. they make televisions, they make smart phones and they're hiring. what are they looking for? >> a lot of engineers. a lot of sales. customer service, support. logistics, really across -- all of these companies are hiring almost in every market you can think of and in every vertical you can think of. >> really quick, eric. red cross. we got to get to the american red cross. i like this one because they say that veterans have a commitment to service. and the american red cross

values this. they've got 1400 openings right now, nurses, i.t., logistics and sales. >> we have to wrap it. kevin, you're doing a great job. thank you for everything you're doing and everything will be on the "fox & friends" web site. more information if you need it. so you can go there. >> thanks. >> all right and the one, the only liza minnelli live on that curvy couch right over there in a couple of minutes. it's very important to understand how math and science kind of makes the world work. in high school, i had a physics teacher by the name of mr. davies. he made physics more than theoretical, he made it real for me. we built a guitar, we did thingwith electronics and mother boards. that's where the interest in engineering came from. so now, as an engineer, i have a career that speaks to that passion. thank you, mr. davies.

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>> gretchen: good morning, everyone. it's tuesday, may 22. i'm gretchen carlson. thanks for sharing part of your day with us. the president says if mitt romney thinks being president is about creating jobs and making people money, he's wrong. >> your job is to figure out how everybody in the country has a fair shot. >> gretchen: giving everyone a fair shot. is that what being president is all about? >> eric: and first there were clowns. now we're getting video of the

new gsa vegas spending spree. we're talking boas, lipstick and pink lashes. guess what? on your dime. brian? >> brian: miraculous rescue caught on camera. how did this man survive 180-foot plunge over niagara falls? "fox & friends" starts right now >> gretchen: good morning, everyone. we have a big show still ahead in our last hour. eric is filling in for steve. welcome. >> eric: ics thanks for having me. >> brian: we've had a lot, jennifer grey is here and liza minelli is in the bullpen warming up. >> eric: i researched all night. i sang show tunes. >> brian: fantastic. >> gretchen: how did you do? >> eric: not well. >> gretchen: so we're look forward to liza. she'll be here if about 20 hips. we start your headlines this

morning. police make a huge breakthrough in the case of a california teen missing for more than two months. you're looking at video. he's the owner of the red volkswagen that's believed to be connected to sierra lamar's disappearance. the 15-year-old was last seen march 16 as she left to catch the school bus. while you were sleeping, space x made history, launching the first commercial rocket into space. >> three, two, one, 0. and launch of the space x falcon 9 rocket as nasa turns to the private sector to resupply the international space station. >> gretchen: that is the key. nasa turning to the private sector. the rocket lifting off from cape canaveral, florida. should reach the iss by thursday, then dock on friday. it will be several weeks before it returns back to earth.

huge development overnight. president obama's envoy to afghanistan, ryan crocker, stepping down. set to call it quits this month. he came out of retirement last july to take the post. it's not known why he is stepping down. reports say the white house is considering deputy ambassador james cunningham to replace crocker. a dozen new videos out this morning courtesy of the gsa. they showed just how little workers were actually working while you paid the bill for their lavish bash in vegas. if you can get past the pink eye lashes, continue on with me. in one video, two workers choose to go play dress-up on your dime. in another video, gsa workers laughing it up in the ettle ho bathroom, shaving and brushing their teeth. then beating up a computer in a field they took from an office. at least you know they have good hygiene. >> brian: right. we know the computer we bought them, they're notation. they're smashing. this is great. >> gretchen: hour are we getting these videos?

do we know? >> brian: we have connections in las vegas. >> gretchen: freedom of information act connections. >> brian: the obama administration still doing damage control after one of its surrogates criticized a new campaign ad attacking mitt romney. doug mckelway live with more at the white house. >> the obama campaign made it crystal clear it's going to use romney's experience as venture capitalist or as some mockingly called it, a vulture capitalist as a center of its campaign. one of the rising stars of the democratic party, mayor of new jersey, came to the defense of romney's spurn at bain capital and called some of the president's attack ads against it nauseating. the romney campaign in turn was quick to capitalize on those comments and produced a counter attack ad of their own. here is a small portion of it. >> have you had enough of president obama's attacks on free enterprise?

his own key supporters have. democrat mayor cory booker of new jersey. >> i have to say on a personal level, i'm not about to indict private equity. >> former congressman, democrat from tennessee. >> private equity is not a bad thing. as a matter of fact, it's a good thing and many, many instances. >> yesterday's press conference, president obama was asked about the cory booker comments and he in effect upped the ante. here is his comments. >> i think cory booker is an outstanding mayor. he's doing great work in newark and helping turn that city around. and i think it's important to recognize that this issue is not a, quote, distraction. this is part of the debate that we're going to be having in this election campaign about how do we create an economy where everybody, from top to bottom, folks on wall street and main street, have a shot at success?

>> you can expect the obama administration and the campaign to stay on message attacking bain capital. look for the romney campaign to stay on message supporting bain capital as a job creator. outfit that created a heck of a lot more jobs than it destroyed. brian? >> brian: all right. thanks a lot. let's pick up on that conversation. do you think the governor romney is doing enough to hit back when he's been hit over his days at bain? >> eric: i got to point something out, david axelrod, the obama campaign is calling out governor romney's time at bain when there are things like dst steel, which was on its way to bankruptcy before bain capital got involved and the other one they got involved, a paper company that had to go bankrupt. but there were literally hunks of businesses that were saved, jobs created. they're not talking -- they don't want to count the 100,000 job, staple, because they say governor romney left.

if you use that metric, whether romney was there or not, you can't use dst steel because they went bankrupt after he had gone -- >> eric: one or the other, guys. >> gretchen: we'll have governor romney's spokesperson on ten minutes from now and i'll ask him that question. in the meantime, you have to go back to that press conference yesterday with president obama when he was asked point-blank, do you blame governor romney for those job losses, he didn't answer the question. so i'm not sure he's going to point-blank blame romney like those ads do, but it's obvious they're not walking away if electric this discussion, guys. the president made it very clear yesterday, this is not a distraction. this comes down to a difference in philosophy, an ideology about how two different men would run the country. the president says mitt romney is missing what running the country is all about, to give everyone a fair shot. have we heard that before?

this lingo, this will continue. >> brian: here is the thing, too, is that private equity, as far as i can tell, is more than just maximizing profits. you also have to produce a product in some way, shape or form that's good for the customer. at the same time go in with a new management team that keeps the company afloat and the way i understand it, private equity is able to look across the country, around the world and decide where their investors could see a company or a product underperforming and they could come in with a new team sometimes, new management team, sometimes lean it out. sometimes grow it and most of the time save it. and i don't think mitt romney necessarily says, i'm going to run the united states of america like i did bain. part of what you are when you become president is your collection of experiences. as governor, as ceo -- >> gretchen: i find it fascinating that we're having this discussion because when mitt romney first started talking about the fact he might run for president again, everyone said, here is somebody who understands the economy. that was going to be his number one thing. and to now have this be the

topic of discussion that actually might not be his number one thing is fascinating. >> eric: president obama should take some lessons from private equity. that's the way you run a, a business, b, an economy, c, a government. you street line it. you don't hire -- look, private equity will about into a business that's struggling. let's say we're going to make sure this survives. their best interest is if the business survives. not fails, not goes under, but survives so all those people can earn a living. if president obama treated the economy the way private equity treats a business, we'd be in far better shape. >> brian: one of the steel companies that is bain capital success stories was in indiana and is thriving today and the governor of indiana said bain capital has been great for us. >> gretchen: in the meantime, cory booker, the mayor of newark, new jersey, and a surrogate for the obama administration, we've been talking about this, on sunday he let it rip. he said ha he thought, that it was nauseating that the president would go down this pack in attack ads against mitt

romney and on both sides of the fence. he didn't want this to happen. then he walked it back and now he's blaming the gop for taking his words out of context. even though democrats and everyone else saying the same thing. last night sarah palin had these thoughts on cory booker walking it back. >> doug gone it, it was a shame to see cory back down from what his answer was, which was so candid. sean, he was the anti-thieves of the typical politician 'cause he didn't do this before he spewed his answer to david gregory there. when he, cory, in the house of pain, along with every other american who understands obama doesn't understand the free market system and he will condemn private equity because he doesn't understand the benefits of private equity in job creation, so it was a shame that cory backed down a little bit from that. but i think we saw what his true beliefs were. he articulated it. >> eric: can i point out, governor palin is 100% right. cory booker didn't look for the

talking points. he shouldn't be trashing private equity. it was nauseating to him because the state of new jersey gets $3 billion in private equity investment. jobs are created. he was smart. why he walked it back is just baffling to me other than some sort of promise or some sort of tongue lashing from the white house. >> gretchen: politics. come on. you rarely hear a politician be honest like that. i believe that he was speaking from the heart that day on "metropolitan the press". >> brian: why does he get along with governor christie so well? they have the same objective. that's what's good for the state and not good for the person. that's why i think he's untouchable as a political rising star. even after the walk back. i think that hurts more than the original statement. but in the big picture, i don't think the romney campaign has hit back hard enough. instead of saying mitt romney left already, just unwind it for the pedestrian and say, what

happened? what did you say? what happened with the company. >> eric: it shows a fractured democratic party. you have the democrats saying, pro-business, steve ratner, booker at one point, you have that side and then you have the far left who say, no, it's got to be big government. it captain be pro-business. and they're fracturing right now. it's an opportunity for romney. >> gretchen: i think there are a loft other democrats who feel the same way as booker, ford and ratner. they just don't dare say it. coming up, an unbelievable rescue all caught on camera. how a man survived a 180-foot plunge over niagara falls. >> brian: and look who is standing by. the one, the only liza minelli. she'll be live on the curvy couch coming up. we can't wait. it's her sequel here and has exciting news to announce. ♪ if i can make it there ♪ i'll make it anywhere ♪ it's up to you, new york, new

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>> gretchen: 15 minutes after the top of the hour. president obama now rejecting cory booker's accidental advice. saying the attacks on bain and mitt romney are fair game. joining me now to react to the president's comments, senior advisor to romney campaign, eric. good to see you. >> hi. >> gretchen: were you surprised that the president said yesterday this is not a distraction, it's full steam ahead? >> i think a lot of people agree with democrats like cory booker, who have described these attacks as nauseating. the fact is, i think they reveil the degree of enmity that barak obama has toward risk takers and job creators in our society. you can't hate job creators but love jobs and this election is going to be about jobs and the economy. and since barak obama has no

record that can match mitt romney's experience in the private sector, he's chosen to attack free enterprise and i think that's created a high degree of dissatisfaction within his own party. >> gretchen: let's take a listen to how the president redescribed his attack on private equity. listen to this. >> this is not a distraction. this is what this campaign is going to be about, is what is a strategy for us to move this country forward in a way where everybody can succeed? that means i've got to think about those workers in that video just as much as i'm thinking about folks who have been much more successful. >> gretchen: how do you combat that, eric? does mitt romney have to have some sort of speech where he explains what he did in private equity? >> first o'clock let me address what the president said. of course, this is a distraction. i think you're going to see the white house engage in all sorts of illusions to distract people

from what's happening in the economy today. in fact, you might even see david copperfield sue them for unfair competition. this election is going to be about the 23 million americans who are either out of work or underemployed. this election is going to be about real things in people's lives. do they have a job? can they pay the mortgage? >> gretchen: the president is going to continue to call your candidate a corporate raider and a guy who made people get out of work. that's what he's going to continue to do. he made clear yesterday. what is mitt romney's strong response in a simple response, going to be to that? >> sure, i'll tell that you during mitt romney's period of leadership at bain capital, they invested in or helped start about 100 companies. most of those companies are very successful brands that we know today, staples is one. sports authority. occasionally they came in and took over a troubled company and tried to save it.

sometimes that didn't work out. that's the nature of free enterprise. by the way, gretchen, it's not that different from what barak obama had to do with gm when the administration had control of that company. this was a troubled enterprise. they closed down factories, they had to let some employees go. that's the nature of the free economy. gm today is more profitable because of the steps they took. >> gretchen: i have to get to this poll because a lot of people find this fascinating. what would do a better job of handling the economy. obama 47%. romney, 47%. a lot of people believe romney got into this race because he's strong on economy. are you stunned it's a dead heat? >> no, i'm not. we're very pleased with the state of the race. mitt romney came out of a pretty bruising set of primaries and before we even started our general election argument against barak obama, he's tied in the polls or slightly ahead. so we're excited about that. i do think this will come down to jobs and the economy. the president himself said if he doesn't have this thing turned around in 3 1/2 years, he'll be

a one-term president. i believe that was a true statement. >> gretchen: all right. we want to mention that we did ask the obama campaign to also come on to give their response to this examine they declined. eric, the senior advisor to the romney campaign, thanks for your time this morning. >> thank you. >> gretchen: a teacher tells a student he'll go to jail for criticizing the president? >> people were arrested for saying things bad about bush? >> it doesn't matter. >> no, do you realize -- you're not supposed to slander! >> gretchen: you will hear from that student right here on "fox & friends." then your e-mails to be pouring in on this. a study finds men are funnier than women. liza minelli had something to say about that and she's not laughing. brian, watch out. ♪ [ female announcer ] i found the best cafe in the world.

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>> brian: quick headlines now. i'm a little nervous because liza is staring at me. a plane slam noose a neighborhood in california. incredibly, missing every single home. the pilot rushed to the hospital. the injuries are not life-threatening. officials say the plane was having engine problems. no kidding. ten months after she went into hiding, casey anthony found and now she may have to face tough questions under oath. investigators have been waiting outside her home in florida for several days in order to serve her a subpoena in a defamation suit of zenaida gonzalez. casey anthony claims she was kidnapped by the baby-sitter of the same name. i'll pause.

♪ ♪ >> brian: that is liz liza minelli performing on broadway back in 1974. now decades after that performance, music from her widely successful show is being rereleased. >> gretchen: it's about time. finally available on cd for the first time is liza minelli live at the winter garden and joining us live is the one and only, liza minelli, for a return visit. >> thank you. >> gretchen: thank you so much for coming to our show. >> brian: how is it going? >> swell. >> brian: what are your thoughts about working back in 1974 and releasing this? >> i never knew that there was a problem because i always do something -- i keep going. i go on to the next thing. so evidently what happened was that cabaret came out and they

stopped the release of this because cabaret would interfere with each other. they're just bringing it out now, which is amazing! it was a month's worth of shows, every night and it was so much fun. it won the tony. >> gretchen: fantastic. people can hear "i can see clearly now," "there is a time ," "more than you know," "natural man ," i mean, this is going to be fantastic for people to be able to get their hands on. >> thank you. there is some funny stuff there. >> gretchen: funny? speaking of that, did you hear about that study that women aren't funny in the workplace? >> that's terrible to hear. who did it? >> brian: a british study. >> a british study? >> gretchen: that's what i said, liza. why rely on a british study for american women? >> please, my nerves. >> gretchen: two against two. i got another female on the

couch. >> brian: can i point something out? all morning long, brian has been nervous about this interview. he's been talking about it the whole show. >> why? >> brian: because you're a legend. sitting next to gretchen and eric is intimidating enough. but you come in here and you can point to carson and merv griffin and all these legendary talk show hosts and to be on our couch... . >> come on. excuse me. >> eric: brian said in the break, would you ever consider getting married again? >> are you nuts? i mean, tried that a lot. did not work. i said why bother? come on. >> gretchen: let's talk about things people may not know about you. for example, you love your dogs, right? >> i have three of the most wonderful dogs in the world. they're beautiful. >> gretchen: you like to cook? >> i'm a great cook, yeah.

i cook well. >> gretchen: like what would you be cooking up tonight? >> depends what you want. italian, pot roast, make a great yugoslavian pot roast. >> brian: i think you should get the quote exactly. i make a pot roast that will kill you dead. that's what you said at an earlier time. it's a little cocky. >> but i'm right. i don't brag about anything else. i can brag about my pot roast. >> gretchen: what is yugoslavian pot roast? >> instead of all the usual things, it has thyme and rosemary and sage are the spices. so it takes on a different flavor. it's really great. >> gretchen: what do you make of the new show, there's a new show out about your mom, right? >> oh, please. >> brian: forget it? >> gretchen: no response? >> none whatsoever. >> gretchen: okay. i just saw it's going to be out there and i thought you might have a reaction. >> eric: what's the state of

broadway? is it coming back? >> i think it is coming back. there is some really good shows that i've seen. >> brian: what would you like? what would you recommend to see? the magic bird flay is off. it lasted a week. >> "claiborne park." wonderful. >> brian: cabs "cats"? >> that's always good. >> brian: i just know people seem to like cats. >> there is good new shows. they're really good. and check them out. >> brian: you have live shows coming up? >> oh, please. yeah! that's what i'm doing right now, while i'm doing a lot of other stuff. i don't kill myself. i perform one or two times a week. but i travel a lot because i represent our country. i've gotten a lot of -- legion

of honor and stuff for representing us. >> brian: i don't want to give you career advice, but you've done 24 concerts on tap. you sold them out in 36 hours. you're going to do 24 shows? >> sure. >> gretchen: she said she's too busy to write her memoiran and maybe when you will retire. right? >> yeah. it isn't over yet. when i sit down long enough. but i don't know about writing memoirs. if i do, it will be funny, because there are so many funny things that happened, on the road and in travel and it's just -- thank god for laughter, of course. >> gretchen: we've come full circle with where we started. check out the new cd "liza minelli live at the winter garden." it's fantastic. we're so thrill to do have you here. >> thank you so much. >> brian: she punched me twice. i got hit twice by liza minelli.

>> gretchen: i think she likes you. >> i think so. don't ever take those pants off. >> brian: the story is unbelievable. a man plunges 180 feet over niagara falls falls and survive. >> in a barrel? >> brian: i can't get the whole story out. >> i'm sorry. >> brian: this only happened three times before in history. then a teacher tells a student he'll go to jail for criticizing the president. right. that student -- >> gretchen: that was a different piece. >> brian: there is liza minelli. we know that. right back. ♪ life is a cabaret, old chum ♪ come to the cabaret ♪ put down the knitting, the book and the broom ♪ [ female announcer ] research suggests the health of our cells plays a key role

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told the little boy, you can go to vegas. you should go to vegas. when he went up there, the boy's mom is now upset. she says after the incident, the producers said, you're going to vegas. you'll advance. but on the day they were about to leave, the mom says someone called from the show and canceled. howard says he feels bad, but it's the parent's job to determine whether their child can handle being critiqued. >> gretchen: i totally agree that. to put a 7-year-old out there and know that it might not be all pluses, this is reality. >> brian: i don't mean to brag, but i know liza minelli and i know she's got 24 shows coming up. can we put -- use our connections to get rapper on her show? >> gretchen: to be her opening act? >> brian: why not? it's pretty much the same audience. >> gretchen: i thought you would offer yourself up. >> eric: what if he's not good? >> brian: he's seven. look how cute that kid is! >> eric: let him go 'cause he's seven? anyone who is seven who wants to

go, just go. >> brian: he's on stage at seven, he's got to be something special. i have thought howard stern showed great compassion. >> gretchen: he did. >> brian: howie mandel didn't move. >> eric: doesn't like germs. >> gretchen: this story out of north carolina, we've been following it so far for you this morning. there was a north carolina teacher in high school, social studies teacher, who got into a debate with one of the students in her class. apparently this happened before about politics and the student decided to tape record this incident. now, does this appear to be one sided to you or not? listen to what happened in the classroom. >> that's the second time -- you said something about obama. and it's going to stop. it shows disrespect. that's disrespect. >> you're disrespecting romney! >> he's a presidential candidate. he's not the president!

>> he's just a man. obama is no god. he's still a man. >> listen, let me tell you something. you will not disrespect the president of the united states in the classroom. >> brian: he went o use an example. you say negative things about president bush all the time. she said, well, if you say things about president bush, he'll put you in jail. the dixie chicks would have been in 30 years of hard time. >> gretchen: there is something called free speech, i think. i think it still exists. >> eric: does it strike anyone that that's a little bit of a wild classroom? >> brian: a little out of control. >> eric: that's going on in a high school classroom? >> gretchen: you have to wond for this is an anomaly or -- >> eric: i also wonder. >> gretchen: or is this the kind of dialogue going on for all kinds of students across the country if they happen to have a differing opinion from their teacher. earlier we had that student and the mom talking about what happened. >> i've been told all my life that nobody can take your

opinion or nobody can take your freedom of speech and she was telling me that i could be arrested for slander. >> my biggest concern is that this teacher is responsible for teaching my child and hundreds of others and she is not teaching them factual information. >> gretchen: there you heard from the student and the mom. now the teacher has been suspended now that that tape became public, but is suspended with pay. so we're -- >> brian: you talk about scared straight, she'll never do that. i get to go home and get paid? fantastic. i can listen to the direct deposit go into my account. >> eric: maybe she'll watch "fox & friends." >> brian: it happened in an instant. a man plunged 180 feet over niagara falls. and get this, he survived. the water at best, about 40 degrees. he somehow managed to swim to the shore, was eventually air lifted to a local hospital.

he's only the fourth person to ever go over the falls without a safety device and live to talk about it. he's in critical condition, but is expected to survive. police believe the man may have been trying to take his own life. >> eric: and he made it the sight of one of the most famous horror movies of all time. watch. >> the holy spirit, by this sign of the holy cross of our lord jesus christ, who lives and reigns. >> eric: pourist author plans to sue georgetown. he wants the church to revoke the school's right to call itself catholic. he says the commencement invite to health and human services secretary kathleen sebelius was the point of no return. blatty, a graduate of george town university, had his head spinning.

>> gretchen: an animal shelter took his dog in while he was in the hospital for three months. grab the tissues. you're about to see the two reunited. >> yeah! yeah. i love you, baby. yeah. >> gretchen: hundreds of people donated to the animal shelter to help care for lady while john was being treated. >> brian: all right. 20 minutes before the top of the hour. tension fires, there may be a new arrival at an airport. >> ticketed passengers with 40 passes, please proceed straight ahead for all gates. >> brian: hologram, tells you where to board your flight. it's debuted at airports in the new york city area. they cost $250,000 each and they can't hear your questions. that's why she's smiling. >> gretchen: we get a person but they don't respond to you? >> brian: exactly. >> gretchen: it's like getting on the phone and have an

automated person. now we can see a person but they don't respond to you. >> brian: it's like when my mom used to pay attention to my brothers as a child, like i didn't exist. >> gretchen: all right. more on that later. coming up, he's turning to a hire power. what timothy cardinal dolan is doing to squash president obama's contraception mandate. you're about to hear from him. >> eric: to think they are the gsa federal judges planning a hawaiian get away on your dime. senator jeff sessions is trying to round them. he's here next welcome to hotels.com.

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>> eric: on the heels of the las vegas spending spree, judges in the 9th circuit court of appeals are finding themselves in a controversy of their own. it's all over an upcoming conference in hawaii with activities that range from surfing to golf and even zumba lessons. the price tag? get this, over $1 million. lawmakers want to know why this is happening yet again. joining us now is alabama senator jeff sessions. he has written a letter to the chief judge for the 9th circuit court looking for answers. again, here it is again. gsa 1, gsa 2. there was another one in hawaii two years ago. what is this? tone deaf administration? what's going on? >> i think what -- first, i do think that from the very top of this government, we are not receiving the kind of determined leadership to bring expenses under control that we need. i mean, the president needs to spend more time managing rather than making speeches around the country, in my opinion. but this is a big deal.

we have too much of this lack of discipline. we do not have the money to waste on these kind of projects. the sooner we get the message down to the lowest level of government, then this country has got to change the way we handle the taxpayers' money, the better off we'll be. >> eric: senator what, do we do from here? you wrote a letter. let's say you get the response back and they say, this is what we've done for years, what's the next step? how do you make the public aware of what's going on and how do you stop it? >> ultimately the congress has the power to appropriate money and we need to evaluate the judicial branch's budget request in light of some of these expenditures. this is the second time the 9th circuit had a conference in hawaii in two years. they were there in 2010. it's not necessary to choose the most expensive spa resort to have a conference. some of the circuits are not even having a conference because they're trying to save money. and i think this is a legitimate

concern on behalf of the american taxpayers. >> eric: senator, speaking of gsa, there is new videos released showing more taxpayer waste. it must absolutely drive you crazy to see these things and know they're going on and then for the 9th circuit to want to continue to spend taxpayer money like this. >> no doubt about it. you've got this resort in hawaii event. you've got the hot tubs and play hijinks in las vegas with gsa. you've got solyndra loans going to political cronies. we've got a situation now in which $4 billion a year is going out of the country for a child tax credit payment to children who don't even live in the country, children of illegal aliens who should not be working here. those are the kind of things that i think cause every american to understand that things are not going well, people do have a right to be upset with washington, and they

need to insist that things improve. >> eric: but senator, is there some sort of set of standards, is there some owner's manual on these conferences where these people need to abide by them or can't be doing these things? >> maybe that's one of the solutions that should be looked at. some sort of review. these conferences, step by step, to insure that they're not the kind of plaything. this one looks like it is. so yes, i think that could absolutely be a reform. we've got a lot of questions to go into those kind of areas that could help us and help the courts deal with that. i do not think the chief justice will be happy with this kind of expenditure. >> eric: senator session, appreciate your time. you'll come back to us if you do get a response from the circuit court, right? >> yes. >> eric: thank you. coming up, he's turning into a high power and not backing down. what timothy cardinal dolan is doing to quash president obama's contraception mandate.

you're about to hear from him coming up. first, let's check in with guess who, martha mccallum for what's on at the top of the hour. what's up? >> good morning, eric. we've got brand-new election polls and why a prominent political observer says he would rather be romney right now than obama. we're going to talk about that. and is cory booker a reminder of how the president used to be? we're going to talk to our great panel about that. a verdict in the john edwards trial could come at any moment. that coming up at the top of the hour. we'll see you then i love cash back.

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>> brian: the most influential catholic institutions in the country not backing down from the big contraception mandate. 43 catholic organizations are

suing the obama administration, saying the president's offer to accommodate religious groups is not enough. last night we heard from cardinal timothy dolan. >> if the president wants to go ahead with his proposal to offer this type of reproductive services, we obviously don't agree with that at all. but that's not the issue here. the issue here is that he himself admitted that there should be an exemption for churches. >> brian: so do the catholic organizations have a case? on a here to break it down legally is peter johnson, jr. do they? >> yeah, they've got a strong case and just for full disclosure, i represented some of these organizations in the past. and yeah, they allege in the lawsuit 12 different lawsuits involving 43 different catholic organizations, that in fact, the federal government has engaged in discrimination against churches and religious organizations that believe in what the catholic church believes. they've come out and said it. they point to kathleen sebelius' conduct about declaring a war

and talking about a war. and so i think that the lawsuit will be successful in some of these jurisdictions and eventually successful in the supreme court. i'll tell you why, the obama administration defines who is a religious institution. one of the definitions says the organization serves primarily persons who share the religious tenets of the organization. the obama administration knows that catholic organizations, like the 43 that serve here, serve all americans, christian, jew, muslim, people of all faiths, people of no faiths. so to say well, you have to serve only catholics and if you don't serve only catholics, then you're not going to get the exemptions, by definition that's ridiculous and unconstitutional. >> eric: what does the lawsuit mean when institutions like north dame are involved? >> huge! catholic university, archdiocese of new york, st. louis, pittsburgh, rockville center, long island. all across the country, people

are banding together and saying no. it's not about contraception. it's about religious liberty. it's about the first amendment. it's about laws in this country that protect religion's right to worship freely. >> brian: if obamacare is kicked out by the supreme court in june, does that change anything? >> changes the whole thing. then the suit is moot. there is no need for the suit if obamacare is kicked out based on a supreme court decision. but the bishops, the cardinals, the nuns, the hospitals, the religious institutions like catholic and notre dame and others are coming together and saying, listen, we have a right, we have a civil right in this country just like other people and it shouldn't be sullied ask we shouldn't be made fun of and have the right to do what we need to do. >> brian: unbelievable things happen in politics. thank you very much. peter johnson, jr. and when we come back, we'll wrap things up in two minutes

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>> gretchen: coming up tomorrow on the show, general colin powell will be here. he's written a new book. herman cain and eight chef cookoff competition? we need liza minelli back for that! >> brian: eric, thanks so much. great job. >> eric: see you at "the five." >> gretchen: have a great day. martha: thanks very much, you guys. we've got a stunning new look at the central question in the race for the white house. are you better off than you were four years ago? that is the main question for 2012. here is look how the numbers are shang up. this comes from the "washington post" just released this morning. shows 83% combined, registered, they basically are the same as they